SPECIAL TORTS

The Special Torts in the Civil Code, among others, are those acts and actions covered by the
nine articles found in the Chapter on Human relations

Human relations refer to the rules needed to govern the interrelationship of human beings in society for
the purpose of maintaining social order.

Art. 19. Every person must, in the exercise of his rights and in the performance of his duties,
act with justice, give everyone his due, and observe honesty and good faith.

Principle of Abuse of rights-

The absence of good faith is essential to abuse if right

Good faith is an honest intention to abstain from taking any unconscientious advantage of another, even
though the forms or technicalities of the law, together with absence of all information on belief of fact
which would render the transaction unconscientious

Elements of Abuse of right

1. there is a legal right or duty

2. which is exercised in bad faith

3. for the sole intent of prejudicing or injuring another

Rationale: the exercise of a right ends when the right disappears, and it disappears when it is abused,
especially to the prejudice of others

Good faith is the honest intention to refrain from taking undue advantage of another

Bad faith presupposes a dishonest purpose or some obliquity and conscious performance of a wrong

Limitations on the provisions on human relations- the provision on human rights are merely guides for
human conduct in the absence of specific legal provisions and definite contractual provisions

Damnum absque injuria (damage without prejudice)- a person who only exercises his legal rights
does no injury. If damages result from such exercise of legal rights, it is a damage without prejudice

Art. 20. Every person who, contrary to law, willfully or negligently causes damage to
another, shall indemnify the latter for the same.

Provides general sanction- the indemnification of damages. It covers torts based on malice and
negligence

No Rights impaired, no basis for damages- If someone be damaged by another, he does not necessarily
have the right to be indemnified. It is essential that same right of his be impaired

Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary
to morals, good customs or public policy shall compensate the latter for the damage.
Requisites for the recovery of damages

1. Act should have been willfully done

2. It is contrary to morals, good customs or public policy

Breach of promise to marry is not actionable

a. no recovery of moral damages, except when there is criminal or moral seduction

b. Actual damages suffered, recoverable

in case of birth of a child, support is demandable

In case of rape, support for the child can be demanded

READ: Hermosisima vs CA

Art. 22. Every person who through an act of performance by another, or any other means,
acquires or comes into possession of something at the expense of the latter without just or
legal ground, shall return the same to him.

No person should unjustly enrich himself at the expense of another

Nemo cum alterius detrimento locupletari potest

Applicable when:

1. someone acquires or comes into possession of something which means delivery or acquisition of things

2. acquisition is undue and at the expense of another

Rendition of services, not included- services are not included, it does not mean that there's no
indemnification, the liability will lie only on quasi-contract